Latest Cases

Costs – Order for costs. The claimant company brought proceedings concerning an allegedly lost opportunity to develop oil reserves in Kurdistan. Its claim was funded by a number of parties (the costs defendants). The claim was dismissed in its entirety and an order was made for indemnity costs. The Commercial Court made orders as to how the costs should be divided between the costs defendants. 

Mental health – Patient. The claimant's mother appealed against the refusal to issue a writ of habeas corpus in respect of the defendants' refusal to discharge her son from hospital. The proceedings raised an issue as to whether the notice period of a discharge order, which had been made for the purposes of s 25 of the Mental Health Act 1983 and served in accordance with reg 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008, SI 2008/1184, started running from the time at which it was received at the defendant's fax machine, or whether time ran from when it was received by the officer which had been authorised by the hospital managers. The Court of Appeal Civil Division, in dismissing the claimant's appeal, held that time could not have begun to run until the authorised officer had received the faxed documents. 

Contract – Implied term. The claimant, a member of a limited liability partnership (the LLP), was required to leave. He tried to sell his interest in the LLP, but was unable to do so. He brought proceedings, contending that the defendants, who were also members of the LLP, had breached implied terms in preventing him from properly allowing examination of the interest that he sought to sell. The Chancery Division dismissed his claim, holding that it was wholly inappropriate to imply either of the terms pleaded by him. 

Practice – Parties. The Polish National Association of Tobacco Growers (KZPT) sought permission to intervene in judicial review proceedings, concerning the validity of European Parliament and Council Directive (EU) 2014/40, which purported to impose prescriptive regulation upon the manufacture, presentation and sale of tobacco products upon member states in the European Union. The Administrative Court, in dismissing the application, held that it could not be concluded that KZPT had a useful contribution to make in the national litigation. Further, the connection between the legitimate interests of KZPT and the United Kingdom was very tenuous, and substantially unparticularised. 

Maintenance of action – Champerty. The claimants retained the defendant solicitors firm in relation to a land transfer transaction. The terms of the retainer were finalised on 5 August 2002. A dispute arose and the judge held that the retainer had not obliged the defendant to conduct litigation and it was therefore enforcible. The claimants appealed. On appeal, the Court of Appeal held that as the work that the defendant had carried out was work carried by them in their capacity as solicitors, the retainer had been (or at least become) an agreement within the definition of conditional fee agreement in s 58 (2) of the 1990 Act and the defendant was not entitled to enforce the retainer agreement. 

Equity – Breach of confidence. Following the claimant companies' successful action concerning the defendants companies' improper use of confidential information, the Chancery Division considered the issue of damages. It held that, in total, the defendants were liable for US$485,419. 

Extradition – Extradition order. The appellants appealed against orders for their extradition to Lithuania on accusation warrants. The Administrative Court, in dismissing the appeals, held that it was impossible to say that it had to be assumed that the situation in the Vilnius arrest house, save for four cells, was such as to amount to a breach of art 3 of the European Convention on Human Rights, such as to bar extradition. Further, the third appellant's return would not be oppressive or a disproportionate interference with his private life. 

Criminal law – Indecent assault. The defendant had been convicted of three offences of indecent assault contrary to s 15(1) of the Sexual Offences Act 1956 and sentenced to 21 months' imprisonment on each count concurrent. The offences had taken place in the 1970s when the defendant was an Anglican priest and the complainant resident in a local authority care home. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against conviction and held, amongst other things, that it had not been demonstrated to the judge that irredeemable prejudice had been done to the defendant's case as a result of missing contemporaneous records. The defendant's appeal against sentence was allowed and the sentence reduced to concurrent sentences of nine months' imprisonment. The court noted that the defendant's physical and mental health was steadily deteriorating. 

Local authority – Residential care home. The claimant care home owner sought recovery of unpaid fees from the estate of a former resident, MS. On appeal, the High Court dismissed the claimant's application for summary judgment and ordered that summary judgment be entered for the estate. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held, amongst other things, that whatever the precise arrangements between the local authority and the claimant, the authority had remained at least arguably liable for the claimant's fees. 

Libel and slander – Damages. The claimant companies brought an action in defamation and libel against the defendants. The claimants were granted interim injunctions against each of the defendants and there was also an order made against the fifth defendant which related to solicitation of the claimants' customers and inducement of breach of contract. Judgment in default of defence was obtained by the claimants against the first, second, fourth and fifth defendants by order and the claimants applied for damages. The Queen's Bench Division held that the right award of general damages in the case of the first claimant was one of £75,000.